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CRA Extends the Underused Housing Tax Deadline (Again) to April 30, 2024
Wednesday, November 29, 2023Ian SpiegelCorporate Law, Business Law, Tax and Estate Planning
On October 31, 2023, the Canada Revenue Agency (“CRA”) announced that owners affected by the Underused Housing Tax...
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No T3s for Registered Charities’ Internal Trusts
Monday, November 13, 2023Ian Spiegel, Lynne WesterhofCorporate Law, Business Law, Tax and Estate PlanningNot-for-Profit/Charities
After months of uncertainty for the charitable sector, the Canada Revenue Agency has confirmed that registered charities will not need to file a...
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Changes to Corporations Act Will Make it Easier for Social Clubs with Share Capital to Continue Under Separate Legislation
Thursday, November 2, 2023Clifford S. Goldfarb, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesSocial Clubs, Ontario Corporations Act
Requirements for Social Clubs to Continue Under Separate Legislation...
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How is your Environmental Indemnity?
Wednesday, October 18, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Environmental Protection Act, Ontario
In Ontario, commercial mortgage lenders can be held liable for environmental issues under certain circumstances, especially if they have taken possession of the property or are deemed to be...
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Non-share capital corporations in Ontario have one year left to update key corporate documents
Tuesday, October 17, 2023Heather Keachie, Eliane Leal da Silva, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesCorporate Law, Not-for-profit Corporations Act (ONCA)
Non-share capital corporations in Ontario have just one year left to update their by-laws and other governing documents to be...
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CRA Extends the Underused Housing Tax Deadline to October 31, 2023
Thursday, October 12, 2023Ian SpiegelBusiness Law, Corporate LawTax & Estate Planning
On January 1, 2022, the Underused Housing Tax Act (the “Act”) came into effect. The Act requires certain owners of...
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Enforcement Against Guarantors – But the Loan Terms Have Changed!
Wednesday, October 4, 2023Zev ZlotnickBusiness Law, Corporate LawLoans, Commercial Loan
A guarantor takes on liability for the obligations of the borrower or debtor under a commercial loan. A lender can require a secured guarantee or an unsecured guarantee. If the guarantee is...
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Mitigating Cyber Risk in the Trucking Sector
Wednesday, September 6, 2023Jamal RehmanBusiness Law, Corporate LawTransportation & Logistics, Trucking, Ransomware, Cyber Attack, Cyber Risk, Cybersecurity
As the transportation, logistics, and supply chain sectors increasingly shift towards the adoption of artificial intelligence, automation...
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Forced or Compulsory Labour Laws in Canada
Wednesday, September 6, 2023Rui FernandesBusiness Law, Corporate LawTransportation & Logistics, Bill S-211, Canada-United States of America – Mexico Agreement (“Cusma”) , Forced Labour and Child Labour in Supply Chains
On May 11th, 2023 Bill S-211 An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the...
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Bill C-47 Increases Limits of Liability for Marine Accidents
Wednesday, September 6, 2023Rui FernandesCorporate Law, Business LawTransportation & Logistics, Bill C-47, Marine
On June 22nd, 2023 Bill C-47 received Royal Assent. The legislation entitled “An Act to implement certain provisions of the budget tabled in...
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Changes to Termination Notice Period for Interprovincial and Cross-Border Trucking Companies as of February 1, 2024
Wednesday, September 6, 2023Saisha MahilCorporate Law, Business LawTransportation & Logistics, Trucking
Federally regulated trucking companies should be aware of changes to the termination provisions under Part III of the Canada Labour...
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Deans Knight Income Corporation v. The King-Case Study
Monday, August 14, 2023Lorne SaltmanBusiness Law, Corporate LawTax & Estate Planning, General Anti-Avoidance Rule (GAAR)
In the case of Deans Knight Income Corporation v. The King, the Supreme Court of Canada used the opportunity to...
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Commercial Lending Where There is a Limited Partnership
Wednesday, August 2, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Limited Partnership
A limited partnership is a business structure comprised of at least one general partner and one limited partner. General partners are...
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What is an Enforceability Opinion and do I need one?
Wednesday, May 31, 2023Zev ZlotnickCorporate Law, Business LawReal Estate
An enforceability opinion is an opinion that the transaction documents constituting legal, valid, and binding obligations of the underlying entities, enforceable against them in...
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I’m a Lender! How do I get my 3-month Interest Penalty on a Borrower Default?
Wednesday, April 26, 2023Zev ZlotnickBusiness LawReal Estate, Ontario Mortgages Act, Mortgage, Lending
Under Section 17 of the Mortgages Act, R.S.O. 1990, despite any pre-existing mortgage agreement, where a borrower is in default for...
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PPSA Registrations for a GSA vs for a Guarantee
Wednesday, March 15, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending, Loans
Is there a difference between perfecting a general security agreement through a PPSA registration and registering a PPSA in respect of a loan...
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Everest Finance Corporation v. Jonker, 2023 ONCA 87
Thursday, February 9, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate
An interesting recent Court of Appeal decision - Everest Finance Corporation v. Jonker...
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Lending Against a Partial Beneficial Interest?
Thursday, January 26, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending
A beneficial interest is an individual’s right to benefit from assets held by someone else. With respect to real property, it is imperative for a...
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How Do I Get All My Lender Fees?
Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending
In Canada, lenders who take mortgages on real property as security should be mindful of section 8 of the Interest Act (the “Act”) and the...
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Is Your Demand Loan Demandable?
Tuesday, November 8, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Loans
A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable...
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Mortgage Assumptions and VTBs in a Rising Interest Rate Market
Thursday, October 13, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage
In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...
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Using Corporate Structures to Invest in Real Estate
Wednesday, September 21, 2022Parish BhumgaraBusiness Law, Corporate LawLimited Partnership
One of the more interesting aspects of corporate law is how it allows for the use of corporate structures to facilitate investment. This article discusses how corporate structures can be used to ...
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How Do I Lend to LPs & REITs?
Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate
Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...
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1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered
Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage, Lending
Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership...
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Update: New Reporting Requirements For Trusts
Thursday, January 20, 2022Greg Farano, Lindsay Ann Histrop, Ian SpiegelBusiness Law, Corporate LawTrusts
In a previous blog post, we discussed the proposed new T3 Trust Income Tax and Information Return reporting and filing requirements for certain express trusts. These changes
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Ontario Business Registry: Moving Businesses Online
Thursday, October 14, 2021Clifford S. Goldfarb, James M. Parks, Heather KeachieBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA), Ontario Business Registry
On October 19, 2021, the Ontario Ministry of Government and Consumer Services (the “Ministry”) will open the online Ontario Business Registry (“OBR”). The registry will
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Ontario Eliminates the Resident Canadian Director Requirement
Thursday, August 26, 2021Eliane Leal da SilvaBusiness Law, Corporate LawOntario Business Corporations Act, Bill 213: Better for People, Smarter for Business Act
The province of Ontario, by Bill 213, Better for People, Smarter for Business Act (“Bill 213”), has revoked subsection 118(3) of the Business Corporations Act (Ontario) (“OBCA”) which requires that...
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SPECIAL RELEASE Re Proclamation of Not-For-Profit Corporations Act, 2010 (Ontario) (the
Thursday, August 19, 2021Clifford S. Goldfarb, James M. Parks, Heather KeachieBusiness Law, Non-Profit and Charities, Corporate Law
The Government of Ontario has just announced that the ONCA will be coming into effect on October 19, 2021. The lengthy delay since...
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The Ontario government continues to modernize the way in which documents can be executed and sworn
Thursday, May 14, 2020Stephen A. Thiele, Lindsay Ann Histrop, Jennifer SearleBusiness Law, Corporate LawCOVID-19, Wills, Powers of Attorney, State of Emergency, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act
The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with ...
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Directors and officers need to stay focused and diligent during COVID-19 health emergency
Thursday, April 16, 2020Arlene O'Neill, Kathleen SkerrettCorporate Law, Business Law, Securities Law, Tax LawDirectors and Officers Liability, Directors and Officers Insurance Coverage, HST
With the COVID-19 health emergency continuing for a least another month in Ontario and non-essential businesses remaining closed, directors and officers must continue to remain focused of their duties and to protect the companies they serve as a director or officer and themselves from potential liability.
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